A-12569, MARCH 11, 1926, 5 COMP. GEN. 723

A-12569: Mar 11, 1926

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NO RENTAL ALLOWANCE ACCRUES TO AN OFFICER OF THE ARMY ON THE DATE HIS ASSIGNMENT TO QUARTERS AT HIS PERMANENT STATION IS TERMINATED. DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER PAYMENT MAY BE MADE THEREON. THE POINT INVOLVED AND ABOUT WHICH THE UNDERSIGNED IS IN DOUBT IS WHETHER OR NOT RENTAL ALLOWANCE IS PAYABLE. TO INCLUDE DATE FROM WHICH ASSIGNMENT TO QUARTERS IS TERMINATED. IS AS FOLLOWS: CAPTAIN PAUL H. WILL PROCEED TO HIS HOME AND AWAIT RETIREMENT FOR THE CONVENIENCE OF THE GOVERNMENT. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE. YOU ARE NOTIFIED THAT YOUR ASSIGNMENT TO PUBLIC QUARTERS AT FORT SAM HOUSTON. THE PROVISIONS OF THE CIRCULAR REFERRED TO ARE AS FOLLOWS: 2.

A-12569, MARCH 11, 1926, 5 COMP. GEN. 723

RENTAL ALLOWANCE - DATE OF TERMINATION OF ASSIGNMENT TO QUARTERS AS THE RENTAL-ALLOWANCE LAW GENERALLY DOES NOT RECOGNIZE A FRACTIONAL PART OF A DAY, NO RENTAL ALLOWANCE ACCRUES TO AN OFFICER OF THE ARMY ON THE DATE HIS ASSIGNMENT TO QUARTERS AT HIS PERMANENT STATION IS TERMINATED.

COMPTROLLER GENERAL MCCARL TO CAPT. CARL HALLA, UNITED STATES ARMY, MARCH 11, 1926:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 28, 1925, AS FOLLOWS:

THE ATTACHED VOUCHER IN FAVOR OF CAPTAIN PAUL H. CARTTER, U.S. ARMY, RETIRED, COVERING RENTAL ALLOWANCE FOR AUGUST 25, 1925, $2.67, HAS BEEN SUBMITTED TO THE UNDERSIGNED, AND DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER PAYMENT MAY BE MADE THEREON. THE POINT INVOLVED AND ABOUT WHICH THE UNDERSIGNED IS IN DOUBT IS WHETHER OR NOT RENTAL ALLOWANCE IS PAYABLE, UPON CHANGE FROM QUARTERS IN KIND TO A RENTAL-ALLOWANCE STATUS, TO INCLUDE DATE FROM WHICH ASSIGNMENT TO QUARTERS IS TERMINATED.

PARAGRAPH 15 OF SPECIAL ORDERS NO. 184, WAR DEPARTMENT, DATED AUGUST 6, 1925, IS AS FOLLOWS:

CAPTAIN PAUL H. CARTTER, 1ST INFANTRY, FORT SAM HOUSTON, TEXAS, WILL PROCEED TO HIS HOME AND AWAIT RETIREMENT FOR THE CONVENIENCE OF THE GOVERNMENT. THE TRAVEL DIRECTED IS NECESSARY IN THE MILITARY SERVICE.

UNDER DATE OF OCTOBER 20, 1925, THE COMMANDING OFFICER OF FORT SAM HOUSTON ADVISED HIM:

UNDER THE PROVISIONS OF PAR. 2A (3), SECTION III, CIRCULAR 66, WAR DEPARTMENT, 1924, YOU ARE NOTIFIED THAT YOUR ASSIGNMENT TO PUBLIC QUARTERS AT FORT SAM HOUSTON, TEXAS, TERMINATED ON AUGUST 25, 1925.

THE PROVISIONS OF THE CIRCULAR REFERRED TO ARE AS FOLLOWS:

2. TERMINATION OF ASSIGNMENTS.---A. AN OFFICERS' ASSIGNMENT OF QUARTERS AT HIS PERMANENT STATION SHALL BE TERMINATED BY THE OFFICER CHARGEABLE WITH MAKING ASSIGNMENTS OF QUARTERS THEREAT UNDER THE FOLLOWING CONDITIONS, AND, EXCEPT AS PROVIDED IN PARAGRAPH 3C BELOW, UNDER NO OTHER CONDITIONS, UNLESS UPON A SPECIFIC ORDER OF THE ADJUTANT GENERAL.

(3) ON HIS DEPARTURE FROM HIS PERMANENT STATION ON FIELD OR SEA DUTY, ON TEMPORARY DUTY, TO HOSPITAL FOR OBSERVATION OR TREATMENT, ON LEAVE OF ABSENCE OR ON SICK LEAVE, UNDER ORDERS WHICH RELIEVE HIM FROM DUTY AT HIS PERMANENT STATION DURING OR AT THE TERMINATION OF HIS ABSENCE, UNLESS THE OFFICER FILES REQUEST TO THE CONTRARY.

(5) * * *

B. THE OFFICER CHARGED WITH TERMINATING ASSIGNMENT TO QUARTERS WILL, IN ALL CASES, IMMEDIATELY NOTIFY THE OFFICER CONCERNED, IN WRITING, WHEN HIS ASSIGNMENT TO QUARTERS IS TERMINATED. THE ACTUAL DATE OF TERMINATION OF AN ASSIGNMENT OF QUARTERS SHALL IN NO CASE BE EARLIER THAN THE DATE OF VACATION OF SUCH QUARTERS.

UNDER SECTION 6 OF THE ACT OF JUNE 10, 1922, AS AMENDED BY THE ACT OF MAY 31, 1924, 43 STAT. 250, A COMMISSIONED OFFICER OF THE ARMY BELOW THE GRADE OF BRIGADIER GENERAL WHILE EITHER ON ACTIVE DUTY OR ENTITLED TO ACTIVE- DUTY PAY IS ENTITLED TO RENTAL ALLOWANCE EXCEPT AS OTHERWISE PROVIDED IN THE FOURTH PARAGRAPH OF THIS SECTION, AS FOLLOWS:

NO RENTAL ALLOWANCE SHALL ACCRUE TO AN OFFICER, HAVING NO DEPENDENTS, WHILE HE IS ON FIELD OR SEA DUTY, NOR WHILE AN OFFICER WITH OR WITHOUT DEPENDENTS IS ASSIGNED AS QUARTERS AT HIS PERMANENT STATION THE NUMBER OF ROOMS PROVIDED BY LAW FOR AN OFFICER OF HIS RANK OR A LESS NUMBER OF ROOMS IN ANY PARTICULAR CASE WHEREIN, IN THE JUDGMENT OF COMPETENT SUPERIOR AUTHORITY OF THE SERVICE CONCERNED, A LESS NUMBER OF ROOMS WOULD BE ADEQUATE FOR THE OCCUPANCY OF THE OFFICER AND HIS DEPENDENTS.

CAPTAIN CARTTER WAS IN THE STATUS OF HAVING QUARTERS ASSIGNED TO HIM AT HIS PERMANENT STATION ON AUGUST 25, 1925, AND AS THE LAW GENERALLY DOES NOT RECOGNIZE A FRACTIONAL PART OF A DAY, NO RENTAL ALLOWANCE ACCRUED TO HIM ON THAT DATE. SEE 4 COMP. GEN. 528.